So yeah, you can sue for anything. But even if you know you’d never win the lawsuit, you can tie the other person up in court and waste their time and money.
If you sue for too little, the case will get summary judgement, but that doesn’t really seem like a risk in this case unless there is a specific law that makes this clause unenforceable.
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Getting to the point where you get it kicked out of court will still cost you enough to ruin you financially though. So it’s a great deterrent.
So yeah, you can sue for anything. But even if you know you’d never win the lawsuit, you can tie the other person up in court and waste their time and money.
If you sue for too little, the case will get summary judgement, but that doesn’t really seem like a risk in this case unless there is a specific law that makes this clause unenforceable.